Skills Active Aotearoa applies for a judicial review

Skills Active Aotearoa applies for a judicial review of
inadequate ROVE consultation period

Skills Active
Aotearoa, the industry training organisation for sport,
recreation and performing arts, has instructed its lawyers
to file an application for a Judicial Review challenging the
rushed and disrespectful seven-week consultation period for
the Reform of Vocational Education.

In its Statement of
Claim, Skills Active asserts that as an industry training
organisation (ITO), it had a legitimate expectation of being
consulted directly about the reform of the ITO system. It
also had an expectation that such a consultation would be
meaningful and genuine; that it would be provided with
sufficient information about the reform; and that it would
have sufficient time to provide a considered response.

Dr
Grant Davidson, CEO of Skills Active, says none of these
expectations were met. He says Skills Active is asserting a
breach of natural justice, a failure to have regard to
relevant considerations, and a failure to adhere to the
principles of Te Tiriti of Waitangi.

The Skills Active
claim outlines its repeated requests for an opportunity to
meet and discuss concerns about the reform. Despite this, Dr
Davidson says Skills Active for many weeks received no
substantive response, and when it did hear back, there was a
clear lack of willingness from the Tertiary Education
Commission and Education Minister Chris Hipkins to extend
the consultation period to ensure meaningful engagement with
industry, employers and trainees.

“The lack of detail in
the ROVE proposals rendered it extremely difficult to
comprehensively respond. This is especially problematic for
such a major reform of the sector which affects over a
quarter of a million people,” says Dr Davidson.

“This,
and the astonishingly short consultation period, which was
extended by one week in light of the tragic events in
Christchurch, illustrates the woeful lack of consideration
of the impact of the proposed reform,” Dr Davidson
says.

He adds that both Treasury and the Auditor-General
have highlighted a lack of information on the cost
implications of the reform, and the Auditor-General has also
expressed doubt about the proposed timetable – and Skills
Active shares those concerns.

It should be noted that just
four days prior to the consultation period closing, Skills
Active finally met with Minister Hipkins and Minister Kelvin
Davis to discuss the reform. At that meeting, Minister
Hipkins reiterated his position that he would not extend the
consultation period.

“Minister Hipkins’ refusal to
consider a realistic consultation period for this reform has
left us no choice but to take this significant legal
step,” Dr Davidson says.

“By filing this application,
we hope to achieve an examination of the decision-making
that led to such an inadequate, hasty and frankly
undemocratic consultation process in the first
place.”

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